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One aspect of premises liability is attractive nuisances. These are items or features on a property that would attract younger individuals and draw them in, but they can be a potential threat to the individual’s health. Recognizing what an attractive nuisance is can significantly change a premises liability case.
Children as Trespassers
Typically, in premises liability cases, a trespasser would not always be protected by the law. An adult who breaks into someone else’s property and suffers injuries may not be able to file a lawsuit against the property owner. However, while children can be trespassers, property owners can still be held accountable for injuries because of an attractive nuisance.
A child is still owed a duty of reasonable care if the property owner has an attractive nuisance on their grounds. For instance, a swimming pool is the most common attractive nuisance. A property owner should take precautions to protect children from them, including building fences around the pool or ensuring the pool is secured.
Who Is Protected?
The term “children” can be broad, and every court views this differently. In some situations, the court may consider children to be those 12 and younger. However, minors under the age of 18 may still be children if the court deems them as such.
If someone you love suffers an injury because of an attractive nuisance, it’s vital to recognize what options exist. Working with a lawyer can explain who is protected by law, what can be done to hold the property owner accountable, and more.
Our Oregon premises liability lawyers at The Gatti Law Firm care about getting your results when you need them most. We aim to hold negligent property owners accountable. When you need someone on your side to seek justice, we will be there for you every step of the way.